GEN 110 - Freshman Seminar: Computers and Society

Dr. R. M. Siegfried

Software Piracy

What is software piracy and music piracy?

Piracy is defined as "unauthorized duplication on a commercial scale of copyrighted work with the intention to defraud the rights holder." [ The Digital Dilemma: Intellectual Property in the Information Age, Computer Science and Telecommunications Board, National Research Council, National Academy Press, p. 26.] By this definition, software piracy would be large-scale, unauthorized duplication of copyrighted software with the intent to defraud the copyright holder of his/her royalties. Music piracy is the large-scale, unauthorized duplication of recorded music with the intent to defraud the copyright holder of his/her royalties; this includes the composers, lyricists and performing artists.

Although this definition would not apply to an individual making unauthorized copies of copyrighted works for their own use, individuals making unauthorized copies of copyrighted works are still guilty of copyright infringement.

How Extensive is Software Piracy?

[ http://global.bsa.org/idcstudy/pdfs/White_Paper.pdf]

Some Notorious Examples of Software Piracy

  • The German company Cadsoft discovered that IBM, Philips and German Federal Government employees were illegally copying their programs.
  • A San Francisco area man was arrested for selling stolen and "bootleg" (illegally copied) software and faced fines of up to $500,000 and up to 10 years in prison.
  • Ming Jyh Hsieh, a 38-year-old product support engineer fired by the Wollongong Group of Palo Alto, CA, downloaded Wollongong proprietary software and was later charged with stealing millions of dollars worth of software.
  • Brief History of Hardware

    Early calculating devices include the abacus (dating to the 6th century B.C.E. in China), Schickard's mechanical adder (1623), Pascal's mechanical adder (1643), Leibnitz's mechanical calculator which could multiply and divide (1673), and Oughted's slide rule (1621).

    Charles Babbage proposed the analytical engine in the early 1800s, a mechanical predecessor of the digital computer, which included store (memory) and mill (equivalent to the modern processor). Babbage's machine was never finished due to lack of funds and the great expense of manufacturing the precision parts that he needed. The portions of the analytical engine that were finished worked as Babbage designed them.

    Immediate before, during and after World War II, there were several efforts to build digital electronic computers, including the ABC (Atanosoff Berry Computer at the University of Iowa), ENIAC (Electronic Numerical Integrator and Calculator, at the University of Pennsylvania), and the EDVAC (Electronic Discrete Variable Automatic Computer, also at Penn).

    Eckert and Mauchly left Penn to build the Univac (the first commercial computer). In 1948, IBM entered the computer field, which they eventually dominated. Later, as small computers became popular, they introduced the MS-DOS-based Personal Computer, which revolutionized the entire computer industry.

    Brief History of Software

    Formal logic dates back at least to the days of Aristotle, Pythagoras and Euclid. Newton and Leibnitz invented calculus and formaliezed methods for performed calculations (known as algorithms).

    Early computers had to have their sequences of instructions (later called programs) hardwired). The EDVAC was the first computer to store instructions in the same manner in which data was stored.

    Programming computers was originally done in machine language, the set of 1s and 0s that are stored in a computer's memory. Because programming in machine language was extremely difficult to do without making many errors, programmers started using mnemonic codes to represent machine language instructions, e.g., ADD for the addition instruction, etc. Eventually programs were written that translated these mnemonics into machine language programs. Because they assembled the program that was to be run, they were called assemblers.

    Eventually higher languages, such as FORTRAN, COBOL and LISP came into existence, which simplified the task of programming. But software still remains more expensive to produce that the hardware on which it runs.

    How Can Intellectual Property Be Protected?

    Copyrights and patents originate in intellectual property law which is based on Article I, Section 8 Clause 8: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"

    Copyrights

    Copyrights are designed to protect the expression of a particular idea. They originally protected books, maps and charts, but the copyright law was eventually amended to protect engravings and prints, musical composition, photographs, motion pictures, and sound recording. Although the US Copyright office start accepting software for copyright, federal law did not actually recognize copyrights applying to software until 1980 with the passage of the Computer Software Copyright Act.

    Any original work can be copyrighted by its creator if it has been fixed in a "tangible medium" that can be perceived, experienced or understood by others. It does not have to be "published." In theory, a work is copyrighted as soon as it is fixed in a tangible medium, but any published work should contain a copyright notice consisting of the word "Copyright" (or the symbol © ), the author's name and the year of first publication. While it is not required to register it with the Copyright Office, it provides extra protection against infringement.

    A copyright is good for the life of the author plus 50 years, unless the author is performing work for hire, in which the copyright is owned by the employer and is good for 75 years after publication or 100 years after creation (which expires first).

    The major exception to copyright is the "fair use", which usually applies to new reporting, commentary and criticism, academic use in research and teaching and parody. But fair use is usually limited to small portions, anywhere from a paragraph to a page.

    Brad Templeton's 10 Big Myths About Copyrights

    1. "If it doesn't have a copyright notice, it's not copyrighted."
      This was true in the past, but today almost all major nations follow the Berne copyright convention. For example, in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not.
    2. "If I don't charge for it, it's not a violation."
      False. Whether you charge can affect the damages awarded in court, but that's main difference under the law. It's still a violation if you give it away -- and there can still be serious damages if you hurt the commercial value of the property. There is an exception for personal copying of music, which is not a violation, though courts seem to have said that doesn't include widescale anonymous personal copying as Napster
    3. "If it's posted to Usenet it's in the public domain." False. Nothing modern is in the public domain anymore unless the owner explicitly puts it in the public domain(*). Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain." Those exact words or words very much like them.
    4. "My posting was just fair use!" The "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That's important so that copyright law doesn't block your freedom to express your own works -- only the ability to express other people's. Intent, and damage to the commercial value of the work are important considerations.
    5. "If you don't defend your copyright you lose it." -- "Somebody has that name copyrighted!"
      False. Copyright is effectively never lost these days, unless explicitly given away. You also can't "copyright a name" or anything short like that, such as almost all titles. You may be thinking of trade marks, which apply to names, and can be weakened or lost if not defended.
    6. "If I make up my own stories, but base them on another work, my new work belongs to me."
      False. U.S. Copyright law is quite explicit that the making of what are called "derivative works" -- works based or derived from another copyrighted work -- is the exclusive province of the owner of the original work. There is a major exception -- criticism and parody. The fair use provision says that if you want to make fun of something like Star Trek, you don't need their permission to include Mr. Spock.
    7. "They can't get me, defendants in court have powerful rights!"
      Copyright law is mostly civil law. If you violate copyright you would usually get sued, not be charged with a crime. "Innocent until proven guilty" is a principle of criminal law, as is "proof beyond a reasonable doubt." Sorry, but in copyright suits, these don't apply the same way or at all. It's mostly which side and set of evidence the judge or jury accepts or believes more, though the rules vary based on the type of infringement. In civil cases you can even be made to testify against your own interests.
    8. "Oh, so copyright violation isn't a crime or anything?"
      Actually, recently in the USA commercial copyright violation involving more than 10 copies and value over $2500 was made a felony. So watch out. (At least you get the protections of criminal law.)
    9. "It doesn't hurt anybody -- in fact it's free advertising."
      It's up to the owner to decide if they want the free ads or not. If they want them, they will be sure to contact you. Don't rationalize whether it hurts the owner or not, ask them. Usually that's not too hard to do.
    10. "They e-mailed me a copy, so I can post it."
      To have a copy is not to have the copyright. All the E-mail you write is copyrighted. However, E-mail is not, unless previously agreed, secret. So you can certainly report on what E-mail you are sent, and reveal what it says. You can even quote parts of it to demonstrate. Frankly, somebody who sues over an ordinary message would almost surely get no damages, because the message has no commercial value, but if you want to stay strictly in the law, you should ask first.
    [http://www.templetons.com/brad/copymyths.html]

    Patents

    Patents are designed to protect inventions. The patent law states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.[35 U.S.C. 101]

    Patent law also requires that the invention be non-obvious, which is defined by the Patent Law A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. [35 U.S.C. 103]

    The process of obtaining a patent is much more difficult than obtaining a copyright. If two people apply for a patent based on the same concept, the date of first invention determines who gets the patents. As a result, inventors and research scientists and engineers keep meticulous lab notebooks to document when and how they came by their discoveries.

    The phrase "patent pending" on a product carries no legal rights to its developer; it is a warning that there is a patent application and this product may receive patent protection. A developer receiving a patent receives a document indicating the patent number and has the exclusive rights to the invention for a period currently set at twenty years. The patent holder may use these rights (making and selling the invention) or can license it out or sell it to someone else. Most employers are assigned patent rights of their employees by contractual agreement.

    Trade Secrets

    Trade secrets are usually governed by agreements. For legal protection, it is necessary

    Companies revealing trade secrets only do so under nondisclosure agreements. These are enforceable by the courts. There is no limit on how long they remain in effect. This includes:

    Should Software Be Free To All?

    We maintain this free software definition to show clearly what must be true about a particular software program for it to be considered free software.

    "Free software" is a matter of liberty, not price. To understand the concept, you should think of ``free'' as in ``free speech,'' not as in ``free beer.''

    Free software is a matter of the users' freedom to run, copy, distribute, study, change and improve the software. More precisely, it refers to four kinds of freedom, for the users of the software:

    1. The freedom to run the program, for any purpose (freedom 0).
    2. The freedom to study how the program works, and adapt it to your needs (freedom 1). Access to the source code is a precondition for this.
    3. The freedom to redistribute copies so you can help your neighbor (freedom 2).
    4. The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). Access to the source code is a precondition for this.

    A program is free software if users have all of these freedoms. Thus, you should be free to redistribute copies, either with or without modifications, either gratis or charging a fee for distribution, to anyone anywhere. Being free to do these things means (among other things) that you do not have to ask or pay for permission.

    You should also have the freedom to make modifications and use them privately in your own work or play, without even mentioning that they exist. If you do publish your changes, you should not be required to notify anyone in particular, or in any particular way.

    The freedom to use a program means the freedom for any kind of person or organization to use it on any kind of computer system, for any kind of overall job, and without being required to communicate subsequently with the developer or any other specific entity.

    The freedom to redistribute copies must include binary or executable forms of the program, as well as source code, for both modified and unmodified versions. (Distributing programs in runnable form is necessary for conveniently installable free operating systems.) It is ok if there is no way to produce a binary or executable form for a certain program (since some languages don't support that feature), but you must have the freedom to redistribute such forms should you find or develop a way to make them.

    In order for the freedoms to make changes, and to publish improved versions, to be meaningful, you must have access to the source code of the program. Therefore, accessibility of source code is a necessary condition for free software.

    In order for these freedoms to be real, they must be irrevocable as long as you do nothing wrong; if the developer of the software has the power to revoke the license, without your doing anything to give cause, the software is not free. [http://www.gnu.org/philosophy/free-sw.html]

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